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HomeMy WebLinkAbout01 - Minutes of 1-25-2000 & 1-31-2000February 8, 2000 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes DRAFT Study Session January 25, 1999 - 4:00 p.m. INDEX ROLL CALL Present: Thomson, Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: Adams (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. No items were discussed. 2. JOINT MEETING WITH PLANNING COMMISSION. Planning Commissioners in attendance included Thomas Ashley, Anne Gifford, Larry Tucker, Michael Kranzley (arrived late), and Chairman Selich. Commissioner Richard Fuller was absent. Chairman Selich reported that the Planning Commission brought forward recommendations to Council on March 22, 1999, relative to the General Plan and various projects. He indicated that tonight's meeting is to report on the Commission's progress and receive feedback from Council. Chairman Selich reported that the Commission has been conducting study sessions to become more involved in the projects. He stated that the study sessions enable them to get an early look at the environmental impact reports and other aspects of the projects so that they were not receiving a ton of reports at the last minute. Regarding the Newport Dunes project, Chairman Selich reported that the Commission held two study sessions and reviewed two agenda items. Regarding the Banning Ranch project, he stated that two study sessions and presentations were held. Planning Director Temple noted that about 50 acres of Banning Ranch is in the City's boundary. Chairman Selich added that the only access to the Banning Ranch project is within the City's portion on Pacific Coast Highway. Assistant City Manager Wood recommended that the City continue reviewing the entire Banning Ranch project and not just the City's portion since it may be annexed into the City at some point. Regarding Conexant, Chairman Selich stated that the Planning Commission held two study sessions that went into some detail about the project description and traffic studies. He reported that no study sessions have been conducted on the Koll Center project but are scheduled for next month. Regarding Newport Center, the Commission held at least two study sessions and formed a subcommittee (consisting of Chairman Selich and Commissioners Gifford and Kranzley) that has been working with project representatives and developers. Volume 53 - Page 154 Planning Commission Joint Meeting (24) City of Newport Beach Study Session Minutes January 25, 1999 INDEX Regarding the Newport Center General Plan Amendment, Chairman Selich indicated that, last year, the Commission wanted to pull all the project applications together rather than process them individually so that a comprehensive plan would be developed which addresses all of Newport Center and involves all the property owners. He reported that the current applicants are O'Hill Development, Pacific Life, the Teachers Union, and The Irvine Company. Additionally, the Commission wanted to take the lead in long range planning and develop alternate visions for Newport Center. He reported that the four comers of Newport Center are considered to be at MacArthur Boulevard, Jamboree Road, Coast Highway, and San Joaquin Hills Road. He noted that the Commission has a standing Newport Center item on the agenda so that they are brought up to date on the progress of the project and on any issues. Regarding the planned community, Chairman Selich confirmed that Newport Center will be one planned community but will have divisions that are a balance of existing planned community regulations and new regulations if necessary. Regarding the ability to transfer rights between office and retail use, Chairman Selich noted that the concept has only been discussed with the property owners, subcommittee, and consultant at this point, but will be discussed with the rest of the Commission at a future date. Chairman Selich explained that the idea is to be more flexible since the General Plan is so specific. He indicated that they wanted a way to deal with development intensity but not lock themselves into a rigid square footage formula. He emphasized that the thing that needed to be dealt with was traffic. He stated that they are entertaining a concept of regulating land use intensity through traffic generation/trip budget (number of trips that can be generated from certain areas). Instead of being broken down into blocks, he reported that the blocks would now be combined so that they were concurrent with the City's traffic assignment zones. Additionally, within each zone, a trip budget will be developed to deal with peak hour impacts on the surrounding streets. He indicated that, within the trip budget, there will be an ability to transfer density between different traffic area zones. He emphasized that the total impact on the surrounding streets remains the same and there will still be flexibility to allow for unforeseen changes without having to amend the General Plan. In response to Council Member Thomson's questions, Commissioner Selich indicated that a map of the nine traffic assignment zones (TAZ) does exist but he did not have one with him. Chairman Selich stated that part of the process includes developing and finding funding for a Master Newport Center EIR. He indicated that staff worked hard with the property owners to come up with a financial plan in which the property owners, who are filing the General Plan Amendments, are covering the cost of doing the overall General Plan for Newport Center. Chairman Selich stated that one of their assignments from last year was to try to develop an approach for studying interrelationships between the Newport Center General Plan Amendment, the Local Coastal Plan (LCP) update and the Airport Area Specific Plan. However, he reported that the City and the Coastal Commission could not work out an acceptable arrangement for the LCP. Regarding the Airport Area Specific Plan, he reported that the City allocated 50 percent and the remainder will come from the property owners. He pointed out that the property owners in the Volume 53 - Page 155 City of Newport Beach Study Session Minutes January 25, 1999 INDEX airport area are reticent about providing funding in light of the Greenlight initiative. Council Member Glover emphasized the impact the City will feel if El Toro is not built and pointed out that the City will need to find the money if property owners are not willing to proceed due to the initiative. Council Member Ridgeway emphasized how the Circulation Element plays an important role in everything the City does, noting that Irvine already has 18 million square feet built and are allowed a total of 25 million square feet. Chairman Selich reported that there is additional square footage in the airport area but it is out of balance with the circulation system. Chairman Selich indicated that they have not made any headway on developing interrelationships for a General Plan update because it was once believed that the City would have, by de facto, some type of General Plan update if Newport Center, the airport area, and the LCP were developed. In response to Council Member Debay's questions, Ms. Wood indicated that the City would need to contract out in order to generate an updated General Plan because there is currently not enough resources and there are different areas of expertise that need addressing. Mr. Bludau indicated that updating the General Plan is a long term commitment that would take at least two years. Council Member O'Neil stated that, at Council's goal setting meeting, it was initially believed that some of the problems with the General Plan would be fixed through the LCP. However, since the LCP fell through, he believed that it may be time to look at the General Plan again. Council Member Glover indicated that she informed the Mayor that she would like the initial survey that would start the General Plan amendment process to be done, even if it does take two years. Ms. Wood indicated that one of the first steps would be to request Requests for Qualifications (RFQ) and conduct a survey or community visioning that is similar to the Newport Tomorrow effort. Mayor Noyes indicated that he has been passing out an informal survey at his store to get an idea of what residents like and dislike about the City, but believed that the General Plan survey should be professionally done. Mr. Bludau indicated that he has used these types of survey firms before and that they initially sit down with Council to find out the City's current issues. He believed that the value of having the survey done professionally is that they look at the community profile, formulate the data, and develop scientific results based on who they have talked with. Chairman Selich believed that a lot of the same concerns still exist that existed in the Newport Tomorrow survey from 30 years ago. Noting that the General Plan was last updated in 1988, Council Member Ridgeway believed that the update should not take two years. Discussion ensued relative to City visioning and beginning what it takes to update the General Plan. Regarding Newport Center, Ms. Temple pointed out that GPA 85 -1(B) underwent the referendum process and was approved in 1986. She noted that, prior to 1986, Council approved an amendment in 1980 (GPA 80 -3), but rescinded its approval because there was the threat of a referendum. Chairman Selich cautioned that there is a tendency to try to stop all planning when starting any type of General Plan process, especially in a city that is as developed as Newport Beach. Commissioner Gifford stated that the City should work toward creating a template for larger General Plan Volume 53 - Page 156 City of Newport Beach Study Session Minutes January 25, 1999 S. Chairman Selich pointed out that the Conexant's impact fees would be a little over $6 million if it were built in Irvine, compared to a little over $1 million in Newport Beach. He emphasized that a General Plan should get a sense of the total community and what they want for the City. Regarding property owners' reluctance to put money into a project due to the initiative, Chairman Selich stated that he believed they are more concerned that their plan will not be implemented after substantial amounts of money have been put into it. Mayor Noyes recessed the meeting at 5:10 p.m. and reconvened the meeting at 5:25 p.m. AUTHORITY OF THE BOARD OF LIBRARY TRUSTEES AND CITY ARTS COMMISSION; INFORMATION ON RELATED FOUNDATIONS. City Manager Bludau reported that Council Member Glover requested that a report be generated relative to the duties and responsibilities of the Board of Library Trustees (Board) and the Library Foundation (Foundation), and the City Arts Commission and Arts Foundation. Council Member Glover noted that citizens work very hard and have a lot of pride vested in the library. She indicated that she is just trying to determine the roles of Council, the Foundation, and the Board. In response to Council Member Glover's questions, City Attorney Burnham clarified that Council has final approval over the budget, gifts, and contracts, even though the Board makes recommendations to Council relative to the budget, and accepts gifts and enters into contracts. He noted that Council could accept monetary gifts for the library. Mr. Burnham stated that the Board has no authority over the Foundation's activities, except that the Foundation uses library facilities. He believed that, since the Board has the power to "administer the library", they would have the ability to factor or influence the Foundation's presence in the library. He confirmed that Council is completely unrelated to the Foundation and that the Foundation has to get the Board's permission to use library facilities. Mr. Burnham explained that it would be up to the courts to decide whether Council has any authority over the library, noting that the City Manager has the power to administer City buildings and facilities. The City has not yet been asked to decide how a court would rule if there was a dispute over whether the Board, City Manager, or Council had the ultimate authority over the library. He reported that the Board does have independent authority under the charter to control the administration of the library, which does include what activities occur in the library. Council Member Glover summarized that Council has very little authority; and the Board basically has no authority over the Foundation. She stated that everyone needs to understand their role as interpreted by the City Attorney. She noted that there is no authority in the working documents. In response to Council Member Glover's question, Mr. Bludau indicated that he does not believe the Foundation has done an audit every year, even Volume 53 - Page 157 INDEX Board of Library Trustees and City Arts Commission (24/50) City of Newport Beach Study Session Minutes January 25, 1999 INDEX though they have committed to doing an annual audit which can be made public. Council Member Glover believed that there are really three separate organizations that function in parallel. Council Member O'Neil stated that he has talked with members of the Board and the Foundation over the past months about this unfortunate disagreement. He reported that the City Manager met with both sides to see if they could come up with a reasonable settlement; however, a settlement could not be reached. He stated that the roles that were pointed out earlier are understood by both parties, but wondered how tonight could be productive since Council has no authority over either entities. Council Member Debay stated that she meets with a six county government group, Southern California Association of Governments (SCAG), that deals with planning and transportation issues. She reported that they occasionally receive grants to assist with alternative dispute resolutions (ADR) in which a counselor, mediator, or dispute resolution specialist comes into communities to work on issues at no charge to the parties. She indicated that ADR has been working with Burbank, Glendale, and Pasadena on the Burbank airport issue, but will also meet with citizen groups over issues as small as the neighbor's barking dog. She indicated that she will make a request for an ADR if all parties are agreeable. Noting that he did not know that ADR existed, Council Member Ridgeway stated that he was going to suggest that the parties agree to some type of binding arbitration and sign an agreement. He indicated that he likes ADR better but questioned if there were any rules prior to discussions. He believed that ground rules and mutual respect need to be set before going into ADR so that both parties agree to the final result. He stated that this issue deals with well- meaning people who have created separate entities and want to be respected for being members of those separate entities. Council Member Ridgeway reiterated that Council has no jurisdiction but can only offer a tool to bring the Board and Foundation to the table. He believed that ADR is useful and productive, but emphasized that everyone needs to clear the air of egos, power plays, and jurisdictional rights so that they do what is best for the City. He stated that nobody is right and asked David Carmichael and Jim Wood if ADR is acceptable. Council Member Glover stated that ADR is not needed since the roles are clear and that it is now up to the Council, the Board, and the Foundation to fulfill its role and think about what is best for Newport Beach. Additionally, no memorandum of understanding or letter of agreement is needed. David Carmichael, 1525 Serenade Terrace, President of the Library Foundation, indicated that the problem with everyone walking out tonight and performing their roles is that the Foundation received an "eviction notice" at the library. He reported that he is unsure if the Foundation can submit to a binding form of arbitration, as opposed to another form of ADR, even though he believes there is a lot to be gained by continuing to talk. Speaking on his behalf, he stated that he will schedule a special meeting of the Foundation Board if the ideas or alternative ideas are flushed out through ADR. He stated that the thing that holds the Foundation together is its love of the library and the City. Mr. Carmichael added that the Volume 53 - Page 158 City of Newport Beach Study Session Minutes January 25, 1999 INDEX Foundation members are civic pillars of the community. Don Adkinson, 1516 East Ocean Front, Vice President of the Library Foundation, stated that the Foundation's policy statement almost mirrors the requirements put forth by the Board. He reported that the Foundation prefers a policy statement over an agreement because they do not have the right to turn the money over to another body. He indicated that they were asked to sign the agreement or be evicted, and that they did not want to sign it because that would be admission to the Board's allegations of misconduct. Mr. Adkinson noted that many of the large donors were made aware that the architect's plans included office space for the Foundation, but the eviction would be in contrary to the intent of the people who built it. Frank Lynch, 2015 Bayadere Terrace, former member on the Board of Library Trustees and the Library Foundation, stated that this type of conflict did not exist when Ben Jackson was the Board chair, but only existed when there was a shift in the Board's leadership. He believed that Council should look into this. Mr. Lynch noted that the interest of the donors has not been discussed. He believed that the Board has the right to not accept donations if it were going to be used for improper purposes; however, they do not have the right to accept it for one reason and use it for another, i.e. arches in the parking lot. Jim Wood, Chairman of the Board of Library Trustees, stated that there have been things that concerned the Board over the years so the current members unanimously wanted to look into them. He indicated that, if the names were not so similar and the Foundation was not located in the same building, the Board probably would not have a problem right now. However, the public does not differentiate between the library and the Foundation, and so the Board felt they should look into the Foundation's operations. He stated that they were not comforted by what they found. He stated that the Foundation has not had an audit in five years, so they requested that one be done despite the fact that over $1 million has been accumulated. He added that there are a number of other concerns and, as they looked more into it, the Foundation demanded more independence. Mr. Wood stated that they could accept the independence, but it did not feel right that the Foundation wanted to occupy rent -free space and use the name of an established organization if they also wanted independence. He believed that they were "joined at the hip" and that, if something were to go wrong, both entities would be held responsible and both images would be tarnished. He emphasized that he is not saying they are headed in that direction; however, he reiterated the concerns relative to the way the money is being handled and the lack of communication. Mr. Wood reported that, according to the charter, the Board is charged with determining how that library is going to operate. He stated that they told the Foundation that they could either sign the reasonable cooperating agreement or vacate the library and no longer use the "Newport Beach Public Library" name in their solicitation. Council Member Glover believed it is Mr. Wood's opinion that the Board and Foundation are joined at the hip. She reiterated and Mr. Burnham confirmed that the Board does not have legal authority over the Foundation. Mr. Wood clarified that they are joined at the hip because their names are so similar and they occupy space in the library. Regarding arbitration, Volume 53 - Page 159 City of Newport Beach Study Session Minutes January 25, 1999 INDEX Mr. Wood stated that they have already arbitrated and, on January 18, the Board agreed to be firm in their resolve. He reported that the situation has had a devastating affect on the library staff and taken an enormous amount of the Board's time. He stated that the Foundation members are a wonderful group of people but only contribute about 2.7 percent of the library budget. Council Member Debay stated that ADR is trained and has been successful in bringing situations to a compromise. She asked if finding another location for the Foundation office and instructing them to direct the money to Council would solve the problem. Mr. Wood stated that finding the Foundation another location by January 31 and limiting the Foundation's use of their name for a period of time would considerably alleviate the pressure. He noted that the Foundation's gifts do not come through the Board and that the Board has not received any gifts from the Foundation for some time. This is one thing that has concerned the Board. Council Member Glover believed that the City could find office space for the Foundation. In response to Council Member Glover's questions, Mr. Burnham believed that the Foundation would not need to change their policy and Council can accept donations directly from the Foundation. Mr. Bludau stated that a report can be generated for the next meeting regarding office options for the Foundation. Mr. Wood stated that he appreciated Council Member Debay's ADR recommendation. He indicated that there.is the possibility of arbitration once the pressure and conflict are out of the library by removing the Foundation's operation. He reiterated that the Board is charged with setting the rules and will not arbitrate their responsibilities away. Mr. Burnham reported that the charter states that the Board has the authority to administer the library and make rules and regulations as may be necessary for the administration of the library, but their authority does not extend to controlling the name "Newport Beach" or "Newport Beach Public Library." Mr. Wood stated that they could ask that the Foundation not use the name. Mr. Burnham pointed out that a request like that would come from Council, not the Board. Mr. Carmichael stated that the Foundation looked into the Board's accusations and emphasized that they are untrue and unfounded. He reported that the audit has given them a clean bill of health; and that they contribute more than 2.7 percent toward the budget. He emphasized that there are no irregularities and that the Foundation objects to the characterization. Council Member Ridgeway stated that the IRS looks at 501 -C3 corporations very closely. He indicated that many of the things that the Board is requesting must be complied with in order for the Foundation to maintain their legitimacy. He believed that the Board needs a cooling off period, maybe 30 days. He encouraged ADR, but noted that it did not sound like there would be any attempts at reconciliation by one of the parties. He expressed the opinion that accommodating the Foundation at a City facility is a terrific compromise at this point. He questioned why the library staff has become so upset over this dispute and requested that the City Manager Volume 53 - Page 160 City of Newport Beach Study Session Minutes January 25, 1999 look into this. He believed that the direction Council should be submitting is to have a short cooling -off period and request that the people come together with a disinterested third party. Noting that January 31 is around the corner, Council Member Glover stated that a location needs to be found soon. She indicated that this situation is embarrassing because there is a lot of space dedicated to administration at the library. Jacquelyn Dillman, 1200 Polaris Drive, Library Foundation member, believed that the big picture is sometimes not seen by Mr. Wood and the Board. She reported that the Foundation has wonderful programs, such as the Distinguished Lecture Series, Manuscripts Lecture Series, Book Club, and Poetry Festival. Further, the Foundation has brought the library to an award winning status. She stated that there is no conflict with staff, as the Foundation is well- respected and works well with staff. Despite the conflicts with the Board, she indicated that the Foundation managed to still have the Spring Series. She pointed out that their fundraising efforts have already been diminished because of the conflict and, if the City loses the Foundation and the money that is generated, the burden to have the programs then falls on the citizens and taxpayers if they want the programs to continue. She asked why the Board would seek to eliminate the Foundation who is a wonderful fundraising arm for the library and asked what it would take for the City to try to put on the programs without the Foundation. Following discussion, it was the consensus of Council to request that the Foundation's occupancy at the library be extended for 30 days and directed the City Manager to research office space in a City facility for the Foundation. PUBLIC COMMENTS —None. ADJOURNMENT — 6:15 p.m. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The agenda for the Study Session was posted on January 19, 2000, at 2:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 161 INDEX CITY OF NEWPORT BEACH City Council Minutes DRAFT Regular Meeting January 25, 2000 - 7.15 p.m. INDEX - 6:15 p.m. CLOSED SESSION REPORT PRESENTED - None. RECESSED AND RECONVENED AT 7.15 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: Adams (excused) Pledge of Allegiance - Council Member Thomson. Invocation by Reverend Lloyd H. Sellers, Chaplain, Hoag Memorial Hospital, Presbyterian. Presentation of proclamation to Adam Leu in recognition of his Eagle Scout achievement and the completion of his Eagle project at Upper Newport Bay Ecological Reserve. Presentation by Dayna Pettit, President of the Balboa Performing Arts Theater Foundation, and Michele Roberge, Executive Director. Ms. Pettit discussed some of the most recent grants received by the Balboa Performing Arts Theater Foundation. She said she appreciated the opportunity to present to the City Council the artistic culmination of years of tenaciousness and hard work. She said the simple restoration of an old movie house has been transformed into the creation of a world class jewel. Ms. Pettit provided some history on the project, the consultants and volunteers involved, and some of the obstacles, requirements and opportunities met along the way. She explained some of the features of the theater, the seating and the accommodations. She also explained that the lobby will be simple yet elegant, with artwork to include a donor wall. She said that approximately $1.5 million is in the bank and about $3 million more is needed to complete construction and begin the endowment program. Ms. Roberge provided the City Council with two handouts and explained that it represents the material being provided to the community. She said the material includes the Foundation's newsletter and a packet of information that explains the future of the Balboa Theater. Ms. Roberge explained that the Foundation has been working very closely with architects and theater consultants, and has amazed people with what they've been able to accomplish within the existing 5,000 square foot space. She provided a three- Volume 53 - Page 162 Balboa Performing Arts Theater (62) City of Newport Beach City Council Minutes January 25, 2000 INDEX dimensional study model of the new theater and pointed to some of the features. She also displayed an artist's rendering of the bronze replica that will be used for all personal signatures of donors at the $25,000 level. Ms. Roberge further explained some of the other details of the theater lobby. She said the acknowledgements will signify that the theater is a community resource. Ms. Roberge displayed drawings including an artist's rendering of what the facade of the building will look like and how it will transform Balboa Boulevard. Another drawing showed the architect's simple plan of what the first level of the theater will look like and a third drawing illustrated what the house will look like. She discussed the details of some of the features of the theater and the capabilities for what types of performances could take place there. Ms. Roberge additionally explained that an advisory committee of the board is working to help formulate the programming philosophy and strategy of the new theater. She said it will be important to determine what the identity of the Balboa Theater will be. Ms. Roberge stated that she is envisioning a three- pronged programming philosophy for the theater, with the first facet being the use of the theater for rentals to corporations. She said another facet will be the use of the facility by community companies or the local performing arts groups. She said this group can be nurtured and challenged by a state -of- the -art facility. The third prong would include professional performances such as dance, classical music, jazz, live theater and children's performances. Ms. Roberge concluded by stating that one of the ways the Foundation is getting the word out into the community is via "information receptions ". She said she provides a small snapshot, much like she has done at the current meeting, to present information on the status of the Balboa Theater, where it is going and how people can participate. Mayor Noyes thanked Ms. Roberge for the presentation and Ms. Pettit for her tenacity. He thanked all those who have contributed. Mayor Noyes stated that the City Council is supportive of revitalizing the Balboa Peninsula and feels that the Balboa Theater efforts as well as Council Member Ridgeway's dedication are very inspirational. He also acknowledged the efforts of the PROP Committee (Ad Hoc Committee to Promote the Revitalization of the Balboa Peninsula) and what they've seen through the progress of the Balboa Theater. Council Member Ridgeway also acknowledged the efforts of Ms. Pettit and the others who have contributed. Council Member Glover commended the Board of Directors and the selection of the Executive Director. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member O'Neil commented on the 7 Minute Survey produced by the City. He complimented the survey which was put together by Deputy City Manager Kiff and Mayor Noyes, and felt that it addressed the issues in the community and provided an opportunity to hear input from the residents. Volume 53 - Page 163 City of Newport Beach City Council Minutes January 25, 2000 INDEX Council Member Glover requested that the City Manager provide the City Council with the cost to perform a General Plan Update. She said the process will take approximately 2 1/2 years and should be started. She said the initial step should include a survey and asked that the cost of this be included also, as well as the staff time that will be needed to prepare a General Plan Update. Council Member Glover expressed her desire to hear what the people in Newport Beach expect of their community approximately ten years into the future. Mayor Noyes informed the public that a joint session with the Planning Commission was held at the earlier Study Session. He added that at the joint session held last year, the Planning Commission recommended that the City embark on a General Plan Update and a visioning process. Mayor Noyes stated that the visioning process was also brought up at the City Council's goal setting session last year, but it was decided to wait until the new City Manager was hired. Council Member Ridgeway stated his support for a visioning process as recommended by Council Member Glover and a General Plan Update, specifically the Land Use Element and the Circulation Element and especially as they relate to Fashion Island and the airport area. He encouraged all citizens of the City to provide input on their vision of the City in the future. Council Member Debay referred to a recent meeting of the West Newport homeowners and requested that the City Manager and Public Works Director give consideration to a "no right turn" on eastbound Coast Highway at the intersection of Balboa Boulevard and Superior Avenue. She also advised the Police Department and Animal Control that there have been numerous complaints of unleashed dogs on the beach between the hours of 6:30 a.m. and 8:00 a.m. Council Member Debay further expressed the desire to hear a report on the replacement of the lexan glass in the West Newport sound wall. Public Works Director Webb stated that this would be a part of the 2000 -2001 budget. Council Member Debay lastly requested that the General Services Director look at the possibility of street sweeping the alleys to lessen urban runoff into the storm drains. • Council Member Thomson requested that the City Manager study the possibility of the City providing a public service radio station with information on traffic congestion, tides, etc. He stated that this may now be possible due to a change in Federal Law regulating low -power transmitters for small radio stations. Council Member Debay stated that she has had several people tell her that many of the commercial lots are having their parking lots hosed down in the morning hours. She expressed her concern regarding urban runoff and asked that the Planning Department provide extra code enforcement in the morning hours to check into the situation. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF JANUARY 11, 2000. Volume 53 - Page 164 City of Newport Beach City Council Minutes January 25, 2000 INDEX Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. Item removed from the Consent Calendar by a member of the public. 4. RESOLUTION IN SUPPORT OF PROPOSITIONS 12 AND 13 ON THE Res 2000 -7 MARCH 7, 2000 PRIMARY ELECTION BALLOT. Adopt Resolution Propositions 12 No. 2000 -7 relating to the City of Newport Beach's support for Propositions and 13 12 and 13 on the March 7, 2000 Primary Election Ballot. (48) 5. RESOLUTIONS REGARDING THE APPOINTMENT OF OFFICERS Res 2000 -8 TO THE AVIATION COMMITTEE, HARBOR QUALITY CITIZENS Res 2000 -9 ADVISORY COMMITTEE AND THE ENVIRONMENTAL QUALITY Res 2000 -10 AFFAIRS CITIZENS ADVISORY COMMITTEE AND Appointment CONFIRMATION OF MAYOR'S APPOINTMENTS. 1) Adopt Resolution of Officers to No. 2000 -8 amending Resolution No. 98 -15 pertaining to the appointment of Aviation Committee, officers to the Aviation Committee and confirmation of Mayor Noyes' Harbor Quality appointment of Council Member Glover as Chairperson and Mayor Pro Tem Citizens Affairs Adams as Vice Chairperson; 2) adopt Resolution No. 2000 -9 amending Committee, and Resolution No. 99 -45 pertaining to the appointment of officers to the Harbor EQAC Quality Citizens Advisory Committee and confirmation of Mayor Noyes' (24) appointment of Council Member Ridgeway as Chairperson and Council Member Glover as Vice Chairperson; and 3) adopt Resolution No. 2000 -10 amending Resolution No. 98 -17 pertaining to the appointment of officers to the Environmental Quality Affairs Citizens Advisory Committee. 6. ADJUSTMENT IN THE SALARY SCHEDULE FOR SEASONAL Res 2000 -11 LIFEGUARDS. Adopt Resolution No. 2000 -11 authorizing a 10% increase BA -033 adjustment in the City's Compensation Plan for the classifications of Seasonal Lifeguards/ Lifeguard 1, Lifeguard 2, and Lifeguard 3, effective March 1, 2000, and Compensation approve budget amendment (BA -033) transferring $32,000 from General Adjustment Fund reserves. (51/66) 7. RESOLUTION UPDATING THE LIST OF DESIGNATED Res 2000 -12 EMPLOYEES FOR 2000 UNDER THE CITY'S CONFLICT OF Conflict of INTEREST CODE. Adopt Resolution No. 2000 -12 adopting the 2000 Interest Code Designated Employees List. (66) ORDINANCE FOR INTRODUCTION 8. PROPOSED AMENDMENTS TO SECTION 6.040.090 OF THE NBMC Ord 2000 -1 (GARBAGE AND REFUSE CONTAINER REQUIREMENTS). Garbage & Refuse Re- introduce Ordinance No. 2000 -1 and pass to second reading on Containers February 8, 2000. (44) Volume 53 - Page 165 City of Newport Beach City Council Minutes January 25, 2000 INDEX ORDINANCES FOR ADOPTION 9. CALCULATION OF RESIDENTIAL MAXIMUM FLOOR AREA Ord 2000 -2 LIMITS (PLANNING COMMISSION AMENDMENT 895) - AN PCA 895 AMENDMENT TO SECTION 20.10.030 (PROPERTY DEVELOPMENT Elevator Shafts/ REGULATION M), SECTION 20.10.040 (B -2), AND SECTION 20.41.060 Vertical Shafts (PROPERTY DEVELOPMENT REGULATION I) OF THE ZONING (94) CODE TO PARTIALLY EXEMPT ELEVATOR SHAFTS AND SIMILAR VERTICAL SHAFTS FROM THE CALCULATION OF RESIDENTIAL FLOOR AREAS. Adopt Ordinance No. 2000 -2. 10. EXTENDED STAY AMERICA, 4881 BIRCH STREET - REQUEST FOR Ord 2000 -3 A GENERAL PLAN AMENDMENT, PC AMENDMENT, USE PERMIT Extended Stay AND A TRAFFIC STUDY TO ALLOW THE CONSTRUCTION OF A America /4881 Birch/ 164 ROOM EXTENDED STAY HOTEL. Adopt Ordinance No. 2000 -3. GPA 99 -2(A) (45) CONTRACTS AND AGREEMENTS 11. NEWPORT THEATRE ARTS CENTER ADDITION (C -3225) - C -3225 COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the Newport City Clerk to file a Notice of Completion; 3) authorize the City Clerk to Theatre release the Labor and Materials bond 35 days after the Notice of Completion Arts Center has been recorded in accordance with applicable portions of the Civil Code; Addition and 4) release the Faithful Performance Bond 6 months after Council (38) acceptance. 12. 1999 BALBOA PIER REPAIR (C -3236) - COMPLETION AND C -3236 ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a 1999 Balboa Notice of Completion; 3) authorize the City Clerk to release the Labor and Pier Repair Materials bond 35 days after the Notice of Completion has been recorded in (38) accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond 6 months after Council acceptance. 13. BALBOA ISLAND PEDESTRIAN BRIDGES (C- 3295). 1) Approve an C -3295 amendment to the professional services agreement with Dokken Balboa Island Engineering; and 2) authorize the Mayor and the City Clerk to execute the Pedestrian agreement. Bridges (38) 14. AMENDMENT TO THE GREEN ACRES PROJECT LOAN C -3308 AGREEMENT WITH THE BLUFFS HOMEOWNERS ASSOCIATION. Green Acres 1) Accept a $100,000 lump sum pre - payment from the Bluffs Homeowners Project Loan Association; and 2) approve an amendment to the loan agreement (38) stipulating a five -year payment schedule for the remaining $45,000 and authorize the City Manager to execute the amendment. 15. Item removed from the Consent Calendar by Council Member Ridgeway. MISCELLANEOUS ACTIONS 16. PLANNING COMMISSION AGENDA FOR JANUARY 20, 2000. Planning Receive and file. (68) Volume 53 - Page 166 City of Newport Beach City Council Minutes January 25, 2000 17. BUDGET AMENDMENT (BA -029) TO TRANSFER $6,000 FROM THE REIBER TRUST ACCOUNT 800 -2247, FUNDS GIVEN AS A BEQUEST FOR THE SOLE PURPOSE OF PROMOTING CHILDREN'S SERVICES AT THE BALBOA BRANCH LIBRARY, TO REVENUE ACCOUNT 4010 -5901. Approve BA -029. 18. BUDGET AMENDMENT (BA -030) TO APPROPRIATE A DONATION ($10,115) FROM THE CA LITERACY CAMPAIGN. Approve BA -030. 19. BUDGET AMENDMENT (BA -031) TO APPROPRIATE A DONATION ($3,465) FROM THE CALIFORNIA STATE LIBRARY TO REIMBURSE A LIBRARY EMPLOYEE FOR TUITION AND ACADEMIC LIBRARY COURSES. Approve BA -031. 20. BUDGET AMENDMENT (BA -032) TO TRANSFER $25,557 FROM THE LIBRARY LIABILITY ACCOUNT 800 -2248, DONATIONS GIVEN TO THE LIBRARY, TO REVENUE ACCOUNT 4010 -5901. Approve BA -032. Motion by Council Member Ridgewav to approve the Consent Calendar, except for those items removed (3 and 15). The motion carried by the following roll call vote: Ayes: Thomson, Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Adams ITEMS REMOVED FROM THE CONSENT CALENDAR 3. FECAL COLIFORM TMDL AND HEALTH RISK ASSESSMENT Deputy City Manager Kiff stated that the last line of the resolution should be changed to read, "...should not be exempted from meeting the REC1 standards in the Basin Plan ". With that change, he recommended approval of the recommended action. Bob Caustin, Defend the Bay, 471 Old Newport Blvd., #200, thanked Council Members Glover and Ridgeway, and Deputy City Manager Kiff for their efforts on the resolution. He said that he hopes to see scientists sent to the future TMDL and watershed hearings. Motion by Council Member Glover to adopt Resolution No. 2000 -6 relating to the application of the total maximum daily load (TMDL) for fecal coliform for Newport Bay, as changed to delete "TMDL's standards" in the very last sentence of the resolution and add "REC1 standards in the Basin Plan ". The motion carried by the following roll call vote: Ayes: Thomson, Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Volume 53 - Page 167 INDEX BA -029 Children's Services at Balboa Branch Library (40/50) BA -030 Library (40/50) BA -031 Tuition and Academic Library Courses (40/50) BA -032 Library (40/50) Res 2000 -6 Fecal Coliform TMDL (51) City of Newport Beach City Council Minutes January 25, 2000 Noes: None Abstain: None Absent: Adams 15. CONSULTANT AGREEMENT AMENDMENT FOR THE NEWPORT DUNES RESORT ENVIRONMENTAL IMPACT REPORT. Council Member Ridgeway stated his disturbance with companies that continually make change orders. He stated that he doesn't like it and the company should be made aware of this. He said that companies need to anticipate some of the items in the request when submitting their contracts for services. He said if they can't do this, they shouldn't be on the City's list of companies to use for services. Per the request of City Manager Bludau, the item was continued. PUBLIC COMMENTS Susan Skinner - Caustin stated that although the Dunes project is not before the City Council yet, it is making its way through the Planning Commission and she wanted to create a visual picture of the hotel. She described its dimensions and stated that the visual impact of the hotel as well as the noise impact, pollution and traffic should warrant the hotel project being turned down. Nancy Skinner, 1724 Highland Drive, thanked the City Council for the courtesy given the speakers at the City Council meeting of January 11, 2000. She stated her support for the Greenlight Initiative and her belief that high - rise buildings do not bring additional net revenue to the City. She asked that the City Council look into this matter, and not approve high -rise buildings for revenue purposes. She said they will only bring additional traffic to the City. Laura Dietz, 325 Cameo Shores, EQAC member, stated her support for the expansion of the size of EQAC (Environmental Quality Affairs Citizens Advisory Committee) two years ago, which made it more inclusive in representing the various viewpoints in the City. She informed the City Council that EQAC is taking hold of its mission and has reviewed at least two draft EIR's (Environmental Impact Reports). She said they will also be reviewing the EIR for the Dunes project and will always try to consider what is best for the quality of life for the entire community. PUBLIC HEARINGS 21. AMENDMENT TO FRONT YARD SETBACKS ON ALVARADO PLACE (PLANNING COMMISSION AMENDMENT NO. 896) - AN AMENDMENT TO DISTRICTING MAP NO. 11 TO ESTABLISH AN 8 FOOT FRONT YARD SETBACK ON ALVARADO PLACE AND DELETE THE ESTABLISHED 8 FOOT FRONT YARD SETBACK ON EAST BAY AVENUE IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AT 301 ALVARADO PLACE. Volume 53 - Page 168 INDEX C -3235 Newport Dunes Resort EIR (38) Ord 2000 -4 PCA 896/ 301 Alvarado Place (94) City of Newport Beach City Council Minutes January 25, 2000 Council Member Ridgeway asked what the setback on East Bay Avenue is at the corner lot. Planning Director Temple stated that the established front yard setback on East Bay Avenue is eight feet, but that the lots were reorganized after the original subdivision. She said the change meant they fronted on Alvarado Place instead of East Bay Avenue. She said the change intends to impose the same front yard setback as if the lots had stayed organized towards East Bay Avenue. She added that the Planning Commission made the interpretation that when a lot has been reorganized that even a designated front yard setback on a side yard would be interpreted as a side yard and therefore have a four -foot side yard setback. Mayor Noyes opened the public hearing. There being no testimony, Mayor Noyes closed the public hearing. Motion by Council Member Ridgeway to introduce Ordinance No. 2000 -4 for Amendment 896 and pass to second reading on February 8, 2000. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Adams 22. 407 BOLSA AVENUE (APPLICANTS - VANCE COLLINS AND IAN FETTES) - A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM RETAIL AND SERVICE COMMERCIAL TO TWO- FAMILY RESIDENTIAL TO ALLOW FOR THE CONSTRUCTION OF ATTACHED TWO- FAMILY RESIDENTIAL SUBDIVISION. Council Member Glover stated that she has met with the applicant and feels that the project is a good one. Mayor Noyes opened the public hearing. There being no testimony, Mayor Noyes closed the public hearing. City Manager Bludau stated that this general plan amendment would have required a vote of the people if the Greenlight Initiative were in effect. Council Member Ridgeway asked for an explanation of how the two residential lots will be accessed off of Bolas Avenue. Planning Director Temple referred to handwritten page 8 of the staff report and stated that there will be an access easement for the ingress and egress of all four lots between the two existing R -2 lots and the two new residential lots. Council Member Ridgeway confirmed with Planning Director Temple that the owners of the two new residential lots are also the owners of the existing R -2 lots. Planning Director Temple added that the Planning Commission had Volume 53 - Page 169 INDEX Ord 2000.5 Res 2000 -13 GPA 91 -2 PCA 897 UP 3668 Variance 1235 TT 15981 407 Bolsa Avenue (45) City of Newport Beach City Council Minutes January 25, 2000 INDEX the same concerns and strengthened the weight of the easement documents used to record the access. Council Member Glover complimented Planning Commissioner Ed Selich for the work he has done. Motion by Council Member Ridgeway to adopt Resolution No. 2000 -13 approving General Plan Amendment No. 91 -2; introduce Ordinance No. 2000 -5 regarding Amendment No. 897 and pass to second reading on February 8, 2000; and sustain the action of the Planning Commission and approve the applications related to the amendments, subject to the Findings, Conditions, as modified by the Planning Commission: Use Permit No. 3668, Variance No. 1235, and Tentative Tract Map No. 15981. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Adams 23. COMMUNITY DEVELOPMENT BLOCK GRANT 1998 -1999 REVIEW CDBG Annual OF ANNUAL REPORT, INITIATION OF 2000 -2001 GRANT Report/Grant APPLICATION AND 2000 -2005 FIVE YEAR CONSOLIDATED PLAN. Application/ Consolidated Mayor Noyes opened the public hearing. Plan (87) There being no testimony, Mayor Noyes closed the public hearing. Council Member Debay referred to page 4 of the staff report indicating the opportunity for the City Council to provide staff with general guidance on program areas. She cited the issue of the West Newport sidewalks and the problems of access due to their narrowness and various obstacles such as telephone poles, light standards and fire hydrants. She stated that she'd like to see some of the CDBG block grant funds go towards the undergrounding assessment district and making the sidewalks ADA accessible. Motion by Council Member Ridgeway to direct staff to prepare the draft 2000 -2001 CDBG Application with One Year Action Plan for City Council review and approval at a public hearing tentatively scheduled for March 14, 2000. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Adams CONTINUED BUSINESS 24. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. Planning Volume 53 - Page 170 City of Newport Beach City Council Minutes January 25, 2000 INDEX Volume 53 - Page 171 Commission Mayor Noyes, as a member of the ad hoc appointment committee, said it was Unscheduled overwhelming to see the number of qualified candidates. He stated his Vacancy pleasure with seeing so many people in the community who want to get (24) involved. Council Member O'Neil, also a member of the appointment committee, stated his gratification also and said he is always amazed at the quality, skills, education and background of the applicants, but that the time that they are willing to spend is what is truly noteworthy. He said that he would like to see everyone applying being able to serve the City in some capacity. City Clerk Harkless read the results of the ballot voting as follows: Nominee Steven Kiser (Glover, Ridgeway and Thomson) Nominee Earl McDaniel (O'Neil, Debay and Mayor Noyes) She announced the vote as a 3 -3 tie. After discussion about revoting at the current meeting or conducting the vote at a future meeting, it was decided by the City Council to have City Manager Bludau schedule a special meeting when all seven Council members could be present for a revote. CURRENT BUSINESS 25. UNSCHEDULED VACANCY ON THE PARKS, BEACHES AND PB &R RECREATION COMMISSION, EXTENSION OF THE TERM AND Unscheduled APPOINTMENT BY THE MAYOR OF AN AD -HOC APPOINTMENTS Vacancy/ COMMITTEE. Term Extension (24) Mayor Noyes appointed Council Members Glover and Thomson, and Mayor Pro Tem Adams to serve on the Ad Hoc Appointments Committee. Motion by Council Member Thomson to accept the resignation of Robin Sinclair from the Parks, Beaches and Recreation Commission effective immediately (term expires June 30, 2000) and approve extending the term of the appointment to June 30, 2004. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Adams 26. BONITA CANYON SPORTS PARK STATUS REPORT. Bonita Canyon Sports Park Public Works Director Webb introduced Utilities Engineer Mike Sinacori and (62) Rick Vanderwood with EPT Landscape Architects. He said that Mr. Vanderwood would give a brief summary of the park plans, the schedule for completion and an estimate of the cost. Volume 53 - Page 171 City of Newport Beach City Council Minutes January 25, 2000 INDEX Mr. Vanderwood informed the City Council that in July of 1999, EPT Landscape Architects was commissioned by the City to prepare construction documents. He referred to the Landscape Site Plans for the Bonita Canyon Sports Park East and Bonita Canyon Sports Park West. He said that EPT received input from the City, the Parks, Beaches & Recreation Commission, sports groups representatives and the public prior to the development of the plans. He pointed out the various aspects of the parks, using enlarged displays of the site plans. He mentioned that restrictions had to be met because of a major water easement through the development. Mr. Vanderwood also stated that when EPT entered into the construction documents, the City asked them to add to their scope of services to design, develop and prepare construction documents for the open space in Bonita Canyon Sports Park West. He said that at that time it was also determined that there was not enough funding to add all of the services requested by the City. It was decided to develop some bid add alternatives which he pointed to in the site plan. Mr. Vanderwood stated that EPT has worked diligently since July, and is on schedule to complete the construction documents and have them approved by the end of February. He said the estimated base bid is $5,973,000 with additional bid items bringing the estimated total to $6,438,000. Council Member Thomson stated that the project is six months behind schedule and that EPT was chosen because they were already familiar with the project. Council Member Thomson expressed his disappointment that the project was not farther along. He asked Mr. Vanderwood what EPT could do to get the project back on schedule. Mr. Vanderwood stated that EPT began preparing the construction documents in July with a schedule to complete them by February, which he said they are doing. Council Member Thomson stated that the staff report indicates that the project is behind schedule. Public Works Director Webb confirmed that EPT is on schedule. Council Member Thomson suggested that possibly the City Council should receive more timely updates on the progress of the park. Council Member Thomson confirmed with Public Works Director Webb that the park would not be usable until Fall of 2001. Public Works Director Webb stated that the bid documents should come to the City Council for final approval at the first meeting in March, with the contract being awarded in April. Public Works Director Webb stated that a project of this magnitude will require at least nine months to complete, which would be sometime in December or January. He said the best time to plant grass is in the Spring. Council Member Thomson referred to the staff report which stated that the original estimate was to have the park ready for use in the Spring of 2001, but that it is now the Fall of 2001. He asked for an explanation. Public Works Director Webb stated that the growing season had not been looked into and that staff was possibly a bit optimistic in making the original estimate. Volume 53 - Page 172 City of Newport Beach City Council Minutes January 25, 2000 27. INDEX Council Member Debay asked if additional bid items could be phased in later if they can not be funded from the beginning and if the grading would be in place to add these items. Mr. Vanderwood confirmed that the plans have been prepared to allow for these items to be added later. Council Member Debay suggested that possibly a sign could be placed at these locations to let the public know what will be coming. Mr. Vanderwood added that EPT has been working diligently to meet the schedule. He said the park is large and complicated, and there have been some difficult issues to deal with. Council Member Ridgeway suggested that the mid - restroom site listed as an add -on should be included from the beginning. Public Works Director Webb stated that these types of issues can be discussed later, once the bids have been received. Council Member Thomson asked about the delay in the funding of the bonds and where the money is currently being held. Public Works Director Webb stated that the original funding for the project was $4.2 million and has been increased to $5.9 million. He added that the Administrative Services Director is currently investing the money. Utilities Engineer Sinacori pointed out that the list of add alternatives was developed by the Parks, Beaches & Recreation Commission. FINAL REPORT OF THE POLICIES ON RESORT TAXATION PORT Committee (PORT) COMMITTEE. (24) Deputy City Manager Kiff stated that the PORT Committee was formed over a year ago to look at taxes applied to resort developments, such as timeshares. He said the Committee consisted of Mayor Noyes, and Council Members Ridgeway and Thomson. He said the Committee completed the tasks, as outlined in the staff report, and has made recommendations for changes in the City's TOT (Transient Occupancy Tax) and VSF (Visitor Service Fee) ordinances. Deputy City Manager Kiff said he was prepared to provide more information on what the Committee discussed. Mayor Noyes stated that the City Council has read the staff report and that it was self - explanatory. Motion by Council Member Glover to direct staff to return to the City Council with amendments to the City's UTOT and VSF ordinances that reflect the PORT Committee's recommendations; and set January 31, 2000 as the termination date for the PORT Committee. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Adams Volume 53 - Page 173 City of Newport Beach City Council Minutes January 25, 2000 - None. ADJOURNMENT - 8:35 p.m. The agenda for the Regular Meeting was posted on January 19, 2000, at 2:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 174 INDEX CITY OF NEWPORT BEACH City Council Minutes Special Meeting DRAFT January 31, 1999 - 8:00 a.m. INDEX ROLL CALL Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: None CONTINUED BUSINESS 1. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION (contd. from 1/25/00). By the following vote, Steven Kiser was appointed to fill the vacancy on the Planning Commission with a term expiring on June 30, 2004: Steven Kiser - Thomson, Glover, Adams and Ridgeway Earl McDaniel - Debay, O'Neil and Mayor Noyes PUBLIC COMMENTS —None ADJOURNMENT — 8:05 a.m. The agenda for the Special Meeting was posted on January 28, 2000 at 2:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 175 Planning Commission Unscheduled Vacancy (24)